Kaimus GCU

General Condition of Use

These general conditions of use have been translated into English. In the event of a dispute, the general conditions of use written in the original language, that is to say French, are valid.

Please read these terms and conditions carefully before using the services of Kaimus Ltd.

By using the services of Kaimus Ltd, you agree to be bound by these general conditions of use.

These "General Terms and Conditions of Use" are intended to provide the legal framework for the use of the services of Kaimus Ltd and the kaimus.com website.

The general conditions of use must be accepted by any natural or legal person and access to the Kaimus.com site implies acceptance of the general conditions of use.

1.Legal Notice

1.1. Service provider

Kaimus Ltd

Registration number: 120126453

KG 11 No. 81

Kimironko Kigali Rwanda

Email: info@kaimus.com

Referred to in the Terms & Conditions as "Provider"

Kaimus Ltd is a multi-service company based in Rwanda, the competent jurisdiction in case of dispute is that of Rwanda.

1.2.The customer

It is understood by client, client, any adult natural person or any legal person, having created an account on the service provider's site and/or having a contractual relationship with the service provider.

Customer is referred to in these Terms of Use as "Customer".

1.3.The user

A user is understood to be any natural or legal person using the services and/or the website of the company Kaimus Ltd.

The user is referred to in these general conditions of use as "user".

A user is any natural or legal person who consults and/or who uses and/or who registers on the site https://kaimus.com, a website referred to in these general conditions of use as "kaimus.com".

2. Use of the kaimus.com website

By consulting, using, creating an account, the customer, the user, accepts these general conditions of use as well as the personal data processing policy of the service provider.

• The kaimus.com site is published and is the sole property of Kaimus Ltd.

2.1. Creation of an account on kaimus.com

The creation of an account is required to be able to publish a real estate ad and/or a real estate vacation rental ad on the site.

Only people over 18 and/or legal persons can create an account.

The service provider undertakes not to disclose, sell, rent or transfer the customer's personal information free of charge.

Only legally necessary information is collected.

To learn more about the collection of personal data, please refer to the provider's personal data protection policy document available here: https://kaimus.com/donneesPersonnelles.php

• The user, the customer agrees when registering to provide accurate and correct information to the service provider.

• The customer, the user agrees to keep his account information up to date

• If the information provided when creating the account is incorrect, the service provider may terminate the account. In the event of termination of the account for the reason "incorrect informations", the amounts paid by the customer are not refundable.

• The customer, the user is responsible for his connection data and under no circumstances can the service provider make any changes to it.

• The customer, the user is required to do what is necessary to secure his connection data. In the event of loss of connection data, the customer, the user must send a request by e-mail to the service provider to recover his account. The service provider will send a questionnaire to the customer to ensure that the customer is the owner of the account. The service provider cannot modify the account, including the lost password, without the client's authorization.

• The account management interface is the sole property of the service provider.

For legal persons:

• Legal persons must provide a valid registration number, the address of the registered office of the company as well as the name, the first name of the person creating the account and a valid contact e-mail address.

• The person in charge of the company account (natural person who created the account) undertakes to keep the company's data up to date.

• The person in charge of the company account undertakes to notify the service provider of any change in the address of the head office.

• The account manager of the company undertakes to modify the surname, the first name of the contact as well as the e-mail address in the event of a change in the person responsible for the account.

   

2.2.Real estate ads

2.2.1Diffusion of real estate advertisements

The customer, the user to edit and distribute an advertisement must connect through the connection form present on the real estate pages. The customer is invited to fill in his status: company or individual, his login that he filled in when registering and his password.

An interface for creating real estate advertisements is made available to the client. This editing interface is bilingual English / French.

The ad creation, modification and deletion interface is the sole property of the service provider.

1. The customer, the user agrees to make normal use of the provider's editing interface. In the event of misuse and/or damage to the service provider's information system, the service provider may take legal action against the client or the user before the competent court or before the competent court of place of residence of the customer, the user or both depending on the seriousness of the breach of the information system and/or the seriousness of the breach of the service provider's communication system and depending on the legislation in force in each country.

2. The customer, the user undertakes to give clear and precise information on the property for which he wishes to publish the advertisement.

3. The customer, the user agrees to have the necessary authorizations to publish and distribute the real estate advertisement. The service provider can in no way be held responsible in the event of a misleading advertisement or erroneous data in the advertisement.

4. The customer, the user agrees to delete his property ad as soon as possible if the property is no longer available (sale, rental, waiver, etc.)

5. Once the ad has been edited, the client, the user can either validate it or modify it before publishing it.

6. Once the publication request has been sent, the client, the user must pay the amount due.

7. The service provider verifies the conformity of the advertisement, such as: the photo(s) correspond(s) to a property, that the address exists and all other information necessary for the diffusion of the advertisement.

   8) If the ad is compliant, the service provider publishes the ad within 2 working days.

2.2.2 Duration of diffusion of the real estate ad:

• The duration of diffusion starts from the date of the publication of the announcement and not from the date of payment.

• The duration of difffusion of the ad is 31 days from the validation and publication of the ad by the service provider.

• The customer can request a replay of the announcement, for this the customer must connect to his account and select from his history the announcement for which he wishes the replay. The customer will have to pay the amount due for the rebroadcast according to the basic price list.

2.2.3Base price for realestate ads:

1) Ad published for 1 month on the site, included in the price:

• publication of the ad on the service provider's site for 31 calendar days with 1 to 5 photos (provided by the client).

• publication on social networks twice a week (5 publications each time).

3000 RWF or 3$ or 3€.

2) Ad published for 1 month on the site, included in the price:

• publication of the ad on the service provider's website for 31 calendar days with 1 to 5 photos (provided by the client):

• publication on social networks 3 times a week (10 publications each time).

Price 4000 RWF or 4$ or 4€.

3) Ad published for 1 month on the site, included in the price:

• publication of the ad on the service provider's website for 31 calendar days with 1 to 5 photos (provided by the client):

• publication on social networks 4 times a week (15 publications each time).

Price 5000 RWF or 5$ or 5€.

Rates may be changed at any time without notice.

2.2.4Price of options for an advertisement for real estate:

Editing services:

• The customer or the user who wishes not to take care of the edition of his announcement can ask the service provider to take care of the edition and the publication of his announcement. The user, the customer must create an account and log in to his account. On the home page of the account, the client user fills in the form named "editing service".

• The client follows the instructions, pays the amount due and sends the requested documents by email, i.e.: 1 to 5 photos, the address of the property, the description of the property, the price of the property.

• The price for the ad edition is in addition to the base price:

  • Editing service price: 1000 RWF or 1$ or 1€ .

    For example: base rate 2 = 4000 RWF or 4€ or 4€ + editing service 1000 RWF or 1$ or 1€, the customer will have to pay the total amount of 5000 RWF or 5$ or €5.

A decreasing rate is applied according to the number of advertisements to be published per month.

From 10 to 20 ads per month a 10% discount is applied on the total price;

Beyond 20 ads per month a 20% discount is applied to the total price.

Translation Services

• 1000 RWF or $1 or €1 for an ad in addition to the base rate:

Rates may be changed at any time without notice.

2.2.5 Verified ad price for real estate

for an advertisement with no option in addition to the base rate.

(Service currently available only in Rwanda)

The property is verified by the service provider.

Price of the property visit:

This price is given as an indication for a house or an apartment of maximum ~ 200m² and/or for bare land. For larger areas (house, building, office, commercial premises, industrial premises, farm, etc.) The customer requests a quote from the service provider via the contact form or via WhatsApp.

• 50,000 RWF + 200 RWF/Km or $50 + $0.20/Km or €50 + €0.20/Km (valid for 1 year); included: the visit, the shots of the property, the publication of the ad in both languages (English, French) with 5 photos (possibility of having 10 photos in addition).It is understood that the kilometer rate is counted: departure Kimironko Kigali Market, arrival: place where the property is located.

Option available for verified ad:

• Aerial view by drone, the price will be defined with the customer according to his request;

• Video taking, the price will be defined with the customer according to his request;

The shots, videos, aerial views are the property of the service provider and the latter has them only for the announcement, the advertising of the customer.

2.2.6 Payment method for a basic verified ad without options:

The user, in order to be able to advertise a vacation rental, must first create an account and log in.

1. On his customer area he chooses verified ad:

2. In the verified ad space, the customer chooses one of the base rates;

3. the customer pays the amount due (base rate);

4. the service provider contacts the client to make an appointment to visit the property.

5. The customer pays the amount of 15,000 RWF + 200 RWF/Km or $15 + $0.20/Km or €15 + €0.20/Km

   The total kilometric rate is counted from Kimironko market to the place of the property to be visited.

   The customer can change the appointment 3 times, 48 hours maximum before the appointment without penalty. In the event of definitive cancellation of the appointment by the client 48 hours before the appointment, a penalty of 25% of the amount is applied to the amount to be reimbursed. In case of cancellation after this period no refund can be requested for any reason whatsoever.

6. On the day of the appointment, at the place of the appointment, the client pays the outstanding amount, that is to say 35,000 Rwf or $35 or €35.

   No amount in cash is accepted, the amount due must be paid electronically (Momo pay, Airtel money, Paypal (credit card or Paypal account).

   If the customer is not present at the appointment, the customer will not be reimbursed. If the customer is not present at the time of the appointment, the service provider will consider canceling the appointment after 60 minutes of waiting at the meeting place. In this case the customer will not be able to claim reimbursement of the amounts paid or any compensation for any reason whatsoever.

7. Once the visit has been made, the service provider undertakes to publish the ad within a maximum of 5 working days.

8. A "verified ad" statement is present on the ad

9. Rates may be changed at any time without notice.

10. The customer can modify certain data of the vacation rental ad once it has been published from his customer area, these are:

- Price ;

- the description of the property;

A 5% discount is applied to the customer with a monthly publication of more than 5 ads per month. To be able to benefit from it, the customer makes the request to the service provider for more than 5 advertisements, complete packs are offered to the customer who makes the request.

A "verified ad" statement is present on the ad

For goods located outside Kigali, a mileage package will be applied to reduce the costs for the customer.

The kilometric rate is given as an indication and may be modified at any time depending on the fluctuation of the price of fuel. However, in the event of a change in the kilometric rate, a message will be posted on the website.

Rates may be changed at any time without notice.

2.3.Holiday rental adverts

To benefit from this user service, the customer must create an account.

Vacation rental advertisements are subject to the visit of the provider of the property rented by the customer. This visit of the service provider is mandatory to be able to benefit from the holiday rental advertisements. The visit is valid for 12 months.

A "verified ad" statement is present on the ad. This mention reassures the vacationer, the vacationer on the property offered, that it is in accordance with the announcement.

2.3.1 Price of the visit to the vacation rental property:

This price is given as an indication for a house or apartment of maximum 200m².

For larger areas or several accommodations or for a hotel, the customer will request a quote from the service provider.

The visit is valid for 1 year.

The price of the visit by the service provider is 50,000 RWF + 200RWF/Km or $5 + $0.20/Km or €5 + €0.20 per Km.

It is included in the price:

• the shots;

• editing of the ad in both languages (French, English);

• Publishing of the announcement in the first month depending on the option chosen;

Example of price for a house or an apartment of maximum 200m²:

• The first month the amount due will be 50,000 RWF + 200 RWF/Km + basic monthly rate

The following months the amount due is 3,000 RWF, or 4,000 RWF or 5,000 RWF or 3€ or 4 € or 5€ (depending on the option chosen)

• The first month the amount due will be $50 + $0.20/Km + the ad at $3 or $4 or $5.

  The following months the amount due is $3 or $4 or $5 (depending on the option chosen)

• The first month the amount due will be 50 € + 0.20 €/Km + the advertisement at 3 € or 4 € or 5 €.

  The following months the amount due is €3 or €4 or €5 (depending on the option chosen).

The customer can choose from 1 to 12 months for the ad to run and he can choose the months he wants the ad to run. The customer can publish or delete the announcement temporarily from his customer area.

The ad is available for 12 months in the customer area. The visit of the property is valid for 12 months.

A reduction of 5% is on the total amount excluding the kilometer rate applied for a publication of more than 5 ads per month, beyond 5 ads per month a reduction of 10% is applied on the total amount excluding the kilometer rate. To be able to benefit from it, the customer makes the request to the service provider.

2.3.2Terms for vacation rental ads:

The user, in order to be able to advertise a vacation rental, must first create an account and log in.

On his customer area he chooses vacation rental:

In the vacation rental area:

1. Customer chooses one of the base rates;

2. the customer pays the amount due (base rate);

3. the service provider contacts the client to make an appointment to visit the property ;

4. The customer pays the amount of 15,000 RWF + 200 RWF/Km or $15 + $0.20/Km or €15 + €0.20/Km.

   The total kilometric rate is counted from Kimironko market to the place of the property to be visited.

   The customer can change the appointment 3 times, 48 hours maximum before the appointment without penalty. In the event of definitive cancellation of the appointment by the client 48 hours before the appointment, a penalty of 25% of the amount is applied to the amount to be reimbursed. In case of cancellation after this period no refund can be requested for any reason whatsoever.

5. On the day of the appointment, at the place of the appointment, the client pays the outstanding amount, that is to say 35,000 Rwf or $35 or €35.

   No amount in cash is accepted the amounts due must be paid electronically (Momo pay, Airtel money, Paypal (credit card or Paypal account).

   If the customer is not present at the appointment, the customer will not be reimbursed. If the customer is not present at the time of the appointment, the service provider will consider canceling the appointment after 60 minutes of waiting at the meeting place. In this case the customer will not be able to claim reimbursement of the amounts paid or any compensation for any reason whatsoever.

6. Once the visit has been made, the service provider undertakes to publish the ad within a maximum of 5 working days.

7. . A "verified ad" statement is present on the ad.

8. The customer can modify certain data of the vacation rental ad once it has been published from his customer area, these are:

• Price ;

• the description of the property;

Rates may be changed at any time without notice.

2.3.3 Option available for holiday ads:

• Aerial view by drone, the price will be defined with the customer according to his request;

• Video shooting, the price will be defined with the customer according to his request;

The shots, videos, aerial views are the property of the service provider and the latter has them only for the announcement, the advertising of the customer.

Rates may be changed at any time without notice.

2.3.4Vacation Rental Advert Duration:

• 31 days from validation and distribution of the advertisement by the service provider.

• The customer can request a rebroadcast of the announcement, for this the customer must connect to his account and select from his history the announcement he wishes to rebroadcast.

• The customer will have to pay the amount due for the rebroadcast according to the basic price list.

• The customer can agree with the service provider on a broadcasting period over several months.

2.3.5Customer's obligation for holiday rental advertisements

• The customer undertakes to inform the service provider as soon as possible of any modification to the property (decoration, service, amenities, work, etc.).

• In the event of the sale of the property or change of tenant, the client expressly informs the service provider.

  The customer or new customer pays the amount of 15,000RWF + 200RWF/Km or $15 + $0.20/Km or €15 + €0.20/Km so that the service provider can come and check the identity of the new customer and check that the property is still compliant, that the property has not undergone any significant modification.

  After this visit, if the announcement is in conformity, the visit remains valid with the written agreement of the customer and authorizes the transfer of the announcement to the new owner or new tenants who become the new customer. To do this, the new customer must create an account so that the service provider can transfer the ad.

2.3.6Vacation Rental Services:

To benefit from this customer service, the user must create an account.

• Handing over of keys to holidaymakers

Fee: 10,000 RWF + 200 RWF/Km or $10 + $0.20/Km or €10 + €0.20Km;

State of the premises upon arrival of holidaymakers in the accommodation;

Fee: 15,000 RWF + 200 RWF/Km or $15 + $0.20/Km or €15 + 0.20Km;

• Inventory of departure of holidaymakers from the accommodation

  Fee: 15,000 RWF + 200 RWF/Km or 15$ + 0.20$/Km or 15€+ 0.20€/Km;

• Recovery of keys from holidaymakers:

Fee: 10,000 RWF + 200 RWF/Km or 10$ + 0.20$/Km or 10€ + 0.20Km;

If the customer wants more than one service, rates are available:

ex: handing over of keys + Inventory of fixtures = 20,000 RWF + 200RWF /Km or $20 + $0.20/Km or €20 + €0.20 Km.

Complete pack: key handover + key recovery entry and exit inventory = 30,000 RFW + 200 RWF/Km or 30€ + 0.20$/Km or 30€ + 0.20€/Km

10% reduction on the price (excluding Km) if the customer has one or more vacation rental advertisements in progress with the service provider.

It is understood that the number of kilometers (Km) are calculated from the Kimironko market to the place where the property is located.

For goods located outside Kigali, a mileage package will be applied to reduce the costs for the customer.

The kilometric rate is given as an indication and may be modified at any time depending on the fluctuation of the price of fuel. However, in the event of a change in the kilometric rate, a message will be posted on the website.

Rates may be changed at any time without notice.

2.4. Ad removal:

• The ad is published for a period of 31 days, on the 32nd day the ad will no longer be visible unless the customer requests the republication of the ad and has paid the amount due.

• The ad remains available in the customer's history for 90 days after the last publication. If the customer wishes to republish his ad, a link is available to the customer so that he can easily republish the ad.

2.5.Cancellation, refusal to publish the real estate ad

• If the photos or/and the address and/or the description do not correspond to a property, or if the advertisement turns out to be fictitious, the service provider will refuse the advertisement and the customer will not be able to claim any refund or any compensation.

• For verified rental advertisements, the service provider may refuse the publication of an advertisement if the property may prove to be dangerous or unhealthy according to the regulations in force in Rwanda. In this case, the customer cannot claim any refund or compensation.

• For holiday rental advertisements, the service provider may refuse the publication of an advertisement if the property does not comply with the prerequisites of a holiday rental, i.e. safety, health, comfort . In this case, the customer cannot claim any refund or compensation.

• For rental advertisements and vacation rental, the service provider may propose the modification of the description of the advertisement to avoid the customer being refused publication.

• • If the customer cancels the announcement before the end of the duration of the announcement, that is to say 31 days from the validation and publication of the announcement, the customer cannot claim a any reimbursement. However, the property remains visible on the site with the mention (sold or rented according to the customer's choice at the time of cancellation);

• If the service provider for another reason that is not mentioned above, refuses the publication of the ad, and depending on the reason, it will refund to the account through which the payment for the ad was made in a period of 5 working days maximum. In the event of non-receipt of the reimbursement of the advertisement by the customer within the period of 5 working days, the customer must inform the service provider, however the customer cannot claim any compensation in the event of delay in the reimbursement.

2.6.Refund Modality

If a refund takes place, it will be made to the account through which the payment was made. If the technical means do not allow reimbursement by this means (loss of telephone, change of account, etc.), the customer must make a request for a change of method by email, providing the number of the advertisement, his document of identity, the necessary information on the method of reimbursement. No refund will be made by bank transfer, by shipment of cash (cash) such as, for example, Western Union money order, RYA….. or by cash or by check.

3.Method of payment accepted

For Rwanda only:

• Pay by Phone MTN Number:

182*8*1*200699#

• Pay by phone AIRTEL Number:

• 182*8*1*789630#

Other countries

By credit card :

Credit card payments are accepted only for currencies in dollars and euros.

The service provider uses the Paypal payment platform, the general conditions of use of which are available here.

The customer can pay by credit card without creating an account on this platform.

The service provider does not have access to the customer's bank details. In the event of a dispute, the Paypal payment platform is held responsible.

The transaction takes place between the customer and the Paypal payment platform. The service provider receives a transaction notification.

Payment by Paypal account:

To be able to benefit from the payment by Paypal the customer must have created a Paypal account and have fed it. In the event of a dispute, the Paypal payment platform is held responsible.

The service provider does not have access to the customer's account data. The transaction takes place between the customer and the Paypal payment platform. The service provider receives a transaction notification.

4. Prerogative of the customer, the user

• The customer, the user agrees not to download, extract and / or reuse parts of content from any Service Kaimus Ltd.

• The customer, the user undertakes not to attempt and/or not to capture by any means the data passing through the service provider's site.

• The customer, the user agrees not to use, download the images, texts, videos present on the Kaimus.com site.

• The customer, the user undertakes to address other customers and users with courtesy.

• The customer, the user agrees to use the contact forms only to respond to an advertisement.

• The customer, the user cannot use the name of Kaimus Ltd, Kaimus, Kaimus.com, Kaimus.Rw without the consent of the provider.

• The customer, the user is not authorized to communicate on behalf of the service provider. In the event of fraudulent use, the service provider may file complaints with the competent authorities of the country.

• The customer, the user agrees to use a valid email address.

4.1.1The customer, the user agrees to:

• Not to collect or attempt to collect the email addresses of other customers;

• do not spam the emails of the Kaimus.com site or those of customers, users of the Kaimus.com site, or those of the service provider's partners;

• not to carry out or attempt to carry out phishing and/or phishing or/and spoofing operations on the Kaimus.com site and/or towards other customers, users of the site and/or towards service provider partners.

5.Cookies

Google analytics and Google Consol search cookies are used on the provider's site for the following purposes:

• know the traffic on the site;

• from which country;

• how the user finds the site (social network links, search engine, direct arrival);

• means of viewing the site (computer, mobile phone, tablet, etc.)

• to improve the user experience (eg adding a language to the site based on traffic);

• to improve the referencing of the site.

The data controller for the cookies mentioned is the GOOGLE Company whose head office is located in San Francisco United States.

6.Contact, messages

The provider :

The service provider uses the contact messaging provided by the customer, the user for the following purposes:

• information request ;

• information of publication, expiration, refusal of an advertisement;

• automatic sending of the newsletter;

• request to update the customer account;

• information on updates to the site, creation of new products, updates to the general conditions of use, updates to the provider's privacy policy;

• to respond to messages from the client, the user

6.1. The provider agrees to:

• Do not disclose, sell, give away for free, rent the customer's contact details.

• A contact form is made available to the user, so that he can easily contact the service provider.

6.2.The customer, the user:

A form is made available to the customer, the user at the bottom of the ad by clicking on the "contact the advertiser" button to respond to real estate ads, or vacation rental ads. The form is sent directly to the advertiser's mailbox.

The customer, the user who contacts the advertiser (customer who has an ad in progress) through the ad response form is not aware of the advertiser's e-mail address.

6.3.The customer :

• The customer agrees to respond to messages concerning his/her advertisements.

• The service provider cannot be held responsible in the event of a fraudulent message, an offensive message, a xenophobic message, a homophobic message, a racist message and any message that could reach the person received by the customer.

  The customer undertakes to report to the service provider all messages of this type so that the service provider can take the necessary measures and, depending on the seriousness, seize the competent court.

• The service provider cannot be held responsible in the event of spam, phishing, phishing or spoofing.

  The customer undertakes to notify the service provider of any messages of this type, so that the service provider can take the necessary measures.

The service provider does not pick up messages between customers and users. The relationship is between client or between client and user. The service provider has no knowledge of the messages sent or the email address of the sender.

• Dedicated messaging is provided to the customer for easy and privileged contact with the service provider.

7.Intellectual property, copyright, database protection

All content present or made available through Kaimus Ltd services, such as text, graphics, logos, buttons, images, videos, the Kaimus.com website, databases, compilations of data, the documents relating to the protection of personal data, these general conditions of use are the property of Kaimus Ltd and are protected by international intellectual property, copyright and database protection laws. Content belonging to third parties remains their property.

Kigali 1 May 2023